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The Free Negro in the Republic of Texas

access was denied. The opposition of non-slaveholders to uncom-pensated service patrolling their rich neighbors' slaves, and dif-ferences among the slaveholders themselves, made impossible theframing of a bill which would satisfy all factions and the severalattempts met with no success until after annexation."6The criminal code when completed discriminated against thefree Negro by prescribing special offences and more severe pun-ishment for common crimes.37 In accordance with the constitu-tional declaration against cruel and unusual punishment, the pen-alties for Negroes while more severe in degree did not vary in kind.Whipping, branding, imprisonment, fines and hanging were usualpunishments for black and white alike. Additional offences andincreased punishment did not actually work a hardship on Negroes,since they were peaceable residents, and their offences few."3In social matters, legislation definitely impressed Negroes withtheir own inferior status. By arbitrary ethnological definitionpersons were prohibited from "obeying the divine precepts and lawsof morality" since they could not legally marry those whom theytook "in the fervour and integrity" of their desires if those per-sons happened to be on the opposite side of an unscientific color"Bills No. 2497, File 27, Sixth Congress; No. 2668, File 29, SeventhCongress; No. 2632, File 29, Seventh Congress; Senate Journal, NinthCongress, 129, 139; House Journals, Eighth Congress, 171; Ninth Con-gress, 194. The slave patrol was finally created on May 9, 1846. Gam-mel, The Laws of Texas, II, 345."7See Chapter IV, Southwestern Historical Quarterly, XL, 187, note.'For the character of offences previous to February 5, 1840, see Chap-ter TV, Southwestern Historical Quarterly, XL, 188-189. In the remain-ing five years, offences were few and continued to be reported in ahumorous vein, indicating that they were not a serious menace. HenryTucker was arrested for assault and battery upon another barber, Price,"a mongrel, a cross of the Chinese and Maltee." Tucker endeavored to"lather" Price, who, he accused, "had shaved him out of . . . [some]pictures." Tucker employed a lawyer who frequently honored his clientby referring to him as Mr. Tucker. "But the Marshall and Recorderwere determined that if there was any shaving done, they would handlethe brush and razor, so the Recorder fined Tucker $10 and costs." Thebarbers of Houston "put shaving up to four bitts," which the editor con-sidered "barber-ous." The Weekly Times (Houston), April 9, 1840. OneNegro claiming to be free was sentenced at Galveston on October 21,1840, to be hung on November 13, for burglary. He confessed on thegallows that he was a slave in the United States and that a white manin Texas forged free papers for him. Daily Picayune, October 28; No-vember 18, 1840. Perry, a free man of color, was indicted for larcenybut given a verdict of not guilty, indicating that an accusation againsta free Negro was not tantamount to conviction. Harrisburg County Dis-trict Court Records, D, 351. Harris County Court House, Houston.